EVRi Lost insured item of £200 - refused refund - Clainform issued - **SETTLED AT MEDIATION**

[BankFodder]

Please will you tell us something about the parcel?

Was it insured?

Was the value properly declared? What was the value?

 

Please spend a day or so reading out the stories on this Hermes sub- forum so that you get to understand the principles and also the way that your claim is likely to progress.

When you think you have understood all the various arguments that they try to put up, come back here and will take you to the next step
 

[BankFodder]

Is your proposed letter above your initial complaint? Or a letter of claim?

I'm a bit confused. Did you take out insurance or not? Earlier on you simply said that Hermes offered you £20 cover

[BankFodder]

So they accepted an insurance premium for an item which according to them is not insurable.

Hermes are completely dishonest and disreputable company.

In any event, the insurance requirement is unfair and unenforceable.
The prohibited items list is completely irrelevant where items are lost and may be – only may be – relevant if an item is damaged that even that is questionable.

Yes, send the letter of claim.

Register with the County Court money claim website and start preparing your claim and post up the details of your claim here before you actually click them off.

The money claim website will allow you to save your work as you go.

Make sure that you have read the Hermes stories thoroughly so you understand the roots that your own claim will probably take

[BankFodder]

I already said that you should send the letter of claim.

Claim the interest. If you don't want the money then you can donate it to us because we need the money badly. Why on earth should you let Hermes escape with a single penny when they are putting you to all of this trouble.

They are prepared to spend money in order to do you out of your reimbursement – and yet you want to be charitable to them – Bless!

[BankFodder]

Sorry but it's only just dawned on me that your item was damaged by them even though you have mentioned it more than once on the thread.

Have they said what happened to it? Have they simply said that it's damaged and not told you anything else?

[BankFodder]

Thanks .

The fact that the item was damaged takes us into a different arena .

Please don't send anything to them at the moment but monitor this thread for a reply tomorrow.

 

I think there is a potential  additional claim here for interference  with your property under the torts( interference with goods) act 1977 

 

 

 

 

[BankFodder]

Don't worry, we understand all the arguments to be made – in particular where they claim that an item has been damaged. Normally they follow that up with a claim that they have then gone on to destroy the item. They don't appear to have said this in your case which is rather strange.

You could go ahead and begin the process straightaway but I would suggest a slight delay in order to lay down a more pointed paper trail and maybe even to elicit some useful information from them.

I would suggest that you write to them and say that you notice that the item has not been delivered because it has been damaged. But as they obviously know the whereabouts and the condition of the item, why they have not returned it to you.
You would like it returned immediately and if they failed to do that then you want evidence that it has been damaged and you would like to know why they have not returned it to you.

Send that, wait about 10 days and we'll see what they say.

If they are unable to produce the item or if they then going to say that they have destroyed it then I think we could be looking at adding about another hundred pounds or so for the trespass to your property – Contracts (Rights of Third Parties) Act 1977

[BankFodder]

It's up to you whether you want to move on this straightaway or just delay a little for a bit more information. Even if they don't respond to your letter, at least you can show a court that you have made this reasonable enquiry and they have declined to respond.

I would suggest

Quote

: Dear XXX

Reference number XXX

I notice that in your correspondence you have said that my item was damaged. However at no point have you explained what you have done with it.

As the item is damaged, I would like to know why you are not returning it to me. Is this because you have proceeded to destroy it and is so why would you have done this without any permission from me as I am the owner.

Please would you clarify what has happened to my property and as you simply say that it has damage then clearly it is still in your possession and I would like it returned without any further delay.

Please understand that the letter of claim which I sent to you on XXX date still applies and I am proposing to start a legal action against you but unless you can give me some satisfactory explanation of why you have not returned my damaged property, I shall be adding a claim for the wrongful interference with the ownership of my property.

Yours

 

[BankFodder]

When is the expiry date of the original letter of claim?

[BankFodder]

Have you registered onto the money claim website? Have you started drafting your claim? You should get cracking on this. You can save your work as you go.

Post up your draft particulars of claim here before you click them off

[BankFodder]

Haven't you had any information about the apparent damage to your parcel?

What is the latest that they have said about this?

[BankFodder]

Ok. Please wait until either later on today or tomorrow and I'm going to suggest some amendments and an increased claim

[BankFodder]

As they have simply said that they have damaged the item but haven't said that they have lost it, and you have asked repeatedly for updates about it and they have failed to reply, it might be reasonable to say that they have damaged the item and have refused to return it to you.

If you think that is a reasonable position then you could demand reimbursement and also claim an additional, say, £100 for interference with your ownership of the goods.

In your reading of the stories on the sub- forum, have you come across references to the Torts (Wrongful Interference with Goods) Act 1977?

Although this would add an extra little complication to your claim, it might be interesting thing to do and it would help to put extra pressure on Hermes and possibly deliver a slap to them which is what they need.

[BankFodder]

The particulars of claim would have to be changed in order to allege an interference with your goods.
Yes, the addition of extra value would of course incur extra charges which in turn would increase the risk if you happen to lose the case.

If you wanted to go this route then I'm afraid that it would cause a delay because you would have to do send an amendment to your letter of claim explaining what you are proposing to do.

So it's a matter for you. Claiming for their breach and in addition there interference with your ownership of goods would be more complicated – but not very much – carry a slightly greater risk but on the other hand could produce a slightly larger figure in compensation.

And by the way you should certainly include their reference number on your particulars of claim.

I'm afraid that your particular claim above would certainly have to be reworded

[BankFodder]

Fair enough. I've edited out some unnecessary words.

Also you should be claiming the delivery fee and also the insurance fee that you paid.

Add those and let's have a look

[BankFodder]

Okay in that case send your proposed particulars of claim but I suggest that you omit the words which I've crossed out.

Keep it scant

[BankFodder]

edit in red

[BankFodder]

No. Don't bother

[BankFodder]

Yes, exactly that.

[BankFodder]

Okay standard stuff.

They filed a defence at the last moment. You will receive in the post soon and then please post it up in PDF format

[BankFodder]

The defence which you have posted runs to 5 pages but stops midsentence partway down page 5.

[BankFodder]

????

[BankFodder]

Well you a better phone the court and complain to them. I suppose you could try and contact Chloe Higgs who is their legal person and tell her about it as well.

I suppose the problem is that the defence was sent to you by Hermes and so part of it was damaged in transit – and no doubt it is on their prohibited items list and also was an insured

[BankFodder]

Yes, if you search the forum using "Chloe Higgs" as the search term, you may find several references. If you consult one of the defences which has been filed by Hermes then you may get better details as to where she is.
I don't have any more information to give you. But if you are able to contact her then I expect that she would be able to sort out a copy of the defence for you.

I expect that it is a complete the standard defence – but we may as well get a look at it anyway

[BankFodder]

It depends who's fault it is.

The court's or Hermes'